BarbriSFCourseDetails

Course Details

This CLE webinar will advise employment counsel navigating the Worker Adjustment and Retraining Notification Act (WARN Act), related state law analogs, and workforce reductions (RIFs). The panel will discuss recent federal court cases and their impact on employers, including how remote employees are governed under the WARN Act. The panel will also address the legal issues for smaller employers considering layoffs.

Faculty

Description

Given ongoing economic concerns in a post-pandemic world and the possible impact of a new administration, layoffs remain a possibility for many employers. Counsel and their clients must consider the notice obligations under the WARN Act and related state laws due to changes in employment status.

Employment counsel should be aware of recent federal decisions related to the WARN Act including when it is implicated for remote workers and when employers are exempted from the law's notification requirements.

When it comes to selecting employees to be included in a RIF, counsel should be able to guide employers on factors to consider including how to complete a disparate impact analysis on the affected parties to determine if there is potential liability under anti-discrimination laws. And though the WARN Act applies to employers of 100 people or more, smaller employers should review their state's applicable laws to determine if they must comply.

The WARN Act also provides several employer defenses, including exceptions for employers who were hit with unforeseen business circumstances, companies that sought financing shortly before shutting down a plant, and a good faith defense often used to reduce or eliminate damages when liability is found.

Listen as our panel discusses WARN Act compliance, recent decisions, and what best practices counsel and their employer clients should consider when evaluating a reduction in force.

Outline

  1. Introduction
  2. WARN Act
    • Employee selection considerations
    • Notice requirements
      • Definitions
        • Employer
      • Exceptions
    • Recent cases
      • Remote workers
      • Defenses
    • Employer best practices
    • Practitioner takeaways

Benefits

The panel will review these and other important topics:

  • What are employer requirements under the WARN Act, and who is a qualifying employer?
  • How are remote, temporarily laid-off employees, and independent contractors treated under the WARN Act?
  • What employer defenses are available under the WARN Act?
  • Besides disparate impact analysis, how should employers evaluate a major layoff? What considerations may be unique to small employers?